Aggravated sexual assault of a child under Penal Code 269 (PC) is one of California’s most serious sexual crimes. A conviction can result in life-altering penalties, including decades in prison. It could also lead to a lifetime of mandatory sex offender registration.

The law is strict; however, being charged with the crime does not mean you are guilty. You have rights, and solid legal defenses are available. If you are facing PC 269 violation charges, you should seek the services of an experienced defense attorney. Your attorney can help protect your future and reputation by challenging the charges against you.

An Overview of Aggravated Sexual Assault of a Child

You violate Penal Code 269 when you perform specific acts of sexual conduct against a child under 14. The acts include sodomy, rape, and oral copulation. These acts are categorized as aggravated when you use force, menace, fear, or coercion. PC 269 applies if the minor was at least seven years younger than you at the time of the offense.

Offenses falling under PC 269 are sodomy, rape, sexual penetration, and oral copulation. The crime of aggravated sexual assault of a child is different from other sexual crimes. The presence of aggravated factors such as threats, physical violence, and psychological pressure make it different.

The penalties for this crime are termed the most harsh in California. These severe penalties are because the crime involves minors, and California laws are strict on crimes involving children.

Types of Sexual Acts that Violate Penal Code § 269 PC

Penal Code 269 categorizes specific kinds of sexual activities as aggravated sexual assault when performed upon a minor under 14. They are considered aggravated, especially if they are committed with force, threat of force, coercion, or placing the child in fear. These sexual acts include the following:

  • Rape (PC 261)

Per Penal Code 261, rape is defined as having sexual intercourse with a person against their will by using force, threats, or fraud. Under Penal Code 269, rape applies when your victim is below the age of 14. It becomes an aggravated sexual assault if physical force or threats are employed to cause the commission of the offense.

  • Sodomy (PC 286)

Sodomy refers to sexual penetration of the anus without consent. For a charge under Penal Code 269, the act must be done on a minor under 14. Threats or intimidations must also accompany the act to become aggravated sexual assault of a child.

  • Oral Copulation (PC 287)

You violate Penal Code 287 when you sexually rub your tongue on the genitals of your victim without their consent. When force or psychological coercion is applied for the commission of this sexual act on a minor, it becomes aggravated sexual assault of a minor per PC 269.

  • Sexual Penetration Using a Foreign Object (PC 289)

Per Penal Code 289, you commit a crime when you penetrate your victim’s body by using any object or body parts, such as your arms or fingers, other than your penis. Sexual penetration using a foreign object becomes an aggravated sexual assault of a minor when committed against the child by use of compulsion, threat, or fear.

Elements of Penal Code 269 that a Prosecutor Must Prove

For the prosecution to secure a conviction of Penal Code 269 against you, they must prove certain elements beyond a reasonable doubt. These elements form the foundation of the prosecution’s case. They include the following:

  • The Victim’s Age

To secure a conviction against you, the prosecutor must prove that your victim was under 14 at the time the offense was committed. Alternatively, you must be at least seven years older than the victim to be accused of violating PC 269.

  • Sexual Conduct

You must have engaged in one of the specific acts outlined in PC 269. That is, sodomy, rape, oral copulation, or sexual penetration using a foreign object.

  • Coercion, Menace, Fear or Force

Per PC 269, the sexual act must have been committed using physical force, threats, or any other form of compulsion. These elements help distinguish aggravated sexual assault from other sexual crimes against a child.

  • Intent

The burden of proof falls on the prosecution to show that you acted willfully, knowing the nature of your actions. They also have to prove that you intended to commit the crime you have been accused of.

The prosecution’s case could weaken, and your charges could be dismissed if they do not prove these elements.

Definition of Terms Per Penal Code 269

  • Force

Force refers to the use of strength to overpower your victim. When charged with aggravated sexual assault of a child, the minor does not have to suffer physical harm to show you committed a crime. The prosecution just has to prove that you used enough strength to perform sexual conduct against the minor.

  • Coercion

You commit a crime through the use of coercion when you threaten or put undue pressure on your victim to make them engage in sexual conduct. You could threaten to harm your victim, the victim's close family, or their loved ones to force the minor to engage in sexual intercourse with you.

The child is, therefore, forced to comply because they believe that you might harm their relatives.

  • Menace

Menace refers to when you threaten or verbally state that you will harm the child if they do not comply. The purpose of menace is to control the minors and make them comply. For example, you could show your victim that you have a weapon in your possession so that they can comply. You could also text or state that you will physically harm your victim so that they engage in sexual conduct with you.

  • Fear

You can instill fear in the minor through threats or deeds. Your actions must have made your victim believe that harm will come upon them or their loved ones unless they comply. The fear must not necessarily be of high magnitude for you to be accused of violating 269. It should be believable. Also, that fear must be enough to control your victim to comply.

Your attorney can help you cast down the prosecution’s view of these terms by providing evidence to showcase your innocence. They can also help you convince the judge that the prosecution and the victim misinterpreted your actions.

Penalties for Penal Code 269 Violation

Per California Penal Code 269, committing the crime of aggravated sexual assault of a minor is a grave offense. There are harsh consequences if you are found guilty. The consequences could be detrimental to you and affect your whole future. It could affect your future job prospects, housing, and education regarding sponsorship.

You want to know the penalties if found guilty to build solid defenses that could convince the judge to lower your charges or dismiss them. Your lawyer will advise you on how to go about gathering evidence to prove your innocence.

A violation of Penal Code 269 is a felony. If found guilty, you could be sentenced to serve at least 15 years in prison. You could also be imprisoned for a lifetime if the circumstances surrounding your case, such as the death of the victim, warrant it.

Consecutive Prison Terms

A conviction for violation of PC 269 is unique because you cannot serve multiple counts of convictions consecutively. You have to complete one sentence and then serve another.

If you engage in different sexual acts per PC 269 with the same victim or with another victim, you could face more than one charge. If convicted on multiple counts, the court could impose consecutive sentences. That is, you will serve 15 years for the conviction of one crime, for example, sodomy, and then serve another 15 years for the other charge.

Registration as a Sex Offender

If found guilty of violating Penal Code 269, you will be required to register as a sex offender for a lifetime. Aggravated sexual assault of a minor is a Tier 3 sensual registration offense, meaning that you have to register as a sex offender for a lifetime.

You have to renew this registration every year. You must also provide your address, employment, and vehicle registration details. You must update this information each time you change jobs.

Your name, photograph, physical description, and general location will be available in the national registry for the public to access. This means that future job employers, landlords, and educational sponsors can access this information, which could influence their decision to engage you.

You will face challenges on where to live or work. For example, you could be prohibited from working or living near a school or parks where children are present. If you are a student, you could miss out on a sponsorship. If you violate the requirements of a sex offender registration, you could face additional criminal charges.

Additional Consequences for Violating Penal Code 269

Some additional consequences for violating PC 269 include social stigma and strained relationships. Cases involving children are very sensitive, and people will form an opinion against you and shun you for committing such a crime.

Your family members may not want to be associated with you, and society may deem you an outcast. If you have children, a conviction could result in the loss of child custody and visitation rights.

269 PC Conviction Effects on Your Gun Rights

When the judge gives a guilty verdict for your PC 269 charge, you could lose your right to possess, purchase, or own firearms. Under California Penal Code 29800, if convicted of a felony, you are prohibited from owning a gun. This is a lifelong conviction.

Restoring your gun rights can be very difficult, as a conviction for violating PC 269 cannot be reduced to a misdemeanor. You, therefore, remain a felon, and felons are prohibited from owning guns.

Effects on your Immigration Status

If you are a non-U.S. citizen, a conviction for violating Penal Code 269 could harm your immigration status. Crimes of moral turpitude, aggravated felonies, and crimes against children are among the most severe in California.

Aggravated sexual assault of a child falls under these crimes. Therefore, it could result in severe consequences, posing a risk to your immigration status. For example, a conviction could deem you inadmissible to the country; you could also be deported.

If you are a lawful permanent resident (green card holder), a guilty verdict could revoke your status. You want to work with an experienced criminal defense attorney who will help you retain your immigration status.

Possible Legal Defenses to Penal Code 269 Violation Accusations

The Alleged Victim is Not Under 14

Per PC 269, the prosecution must prove that the alleged victim was under 14 to secure a conviction. However, if your lawyer can present evidence that the alleged victim was above 14, the charges under this statute cannot hold. This defense directly challenges the applicability of the law to your case.

Evidence such as official birth records, hospital documentation, or government-issued IDs can confirm the alleged victim’s age. If the prosecution’s case is based on inconsistent or inaccurate information about the alleged victim's date of birth, this can create reasonable doubt.

For example, errors in the records or inconsistent statements from the witnesses and alleged victims could be used by your lawyer to cast doubt on the prosecution’s case. The alleged victim's age is critical because Penal Code 269 does not apply if the alleged victim is older than 14.

If they were older than 14, the prosecution would have to pursue alternative charges, such as statutory rape, which carries less severe penalties. You could have your charges dismissed or charges reduced. That is if your lawyer presents evidence that the alleged victim does not meet the statute’s age requirement.

False Accusations

You could be a victim of false allegations due to personal enmity or business rivalry with the plaintiff as an act of revenge. Specific attention should be paid to the possibility of the accuser lying and seeking revenge. It can be done by paying attention to inconsistencies in the accuser's statements.

Some factors that might show inconsistencies are changes in accusers' or witnesses' statements. Also, if there is no physical harm, evidence is presented. If there are no medical records that show any sexual assault, it could cast doubts on the prosecution’s case.

False accusations may be apparent in cases involving custody battles or personal conflicts. If so, the credibility of the allegations against you will be diminished.

Coerced Confession

When you are a victim of coerced confession, you are forced to admit you are guilty. Coercion is done through force or threats. Such tactics infringe on constitutional processes and lead to false confessions.

Your lawyer will examine if you were forced to give a confession. If your confession was coerced, it is rendered involuntary. Extended questioning, denying you access to an attorney, or making trick promises of leniency all include instances where you are subjected to coerced confessions.

Involuntary confession is not admissible in court; therefore, the prosecution cannot use such evidence for accusations against you. Your lawyer can use recorded interviews to prove that your confession was involuntary. Recorded interviews show that the investigator's actions were misconduct.

Such evidence could weaken the prosecution's case against you. The judge can dismiss your charges.

Mistaken Identity

You can be wrongfully identified as the perpetrator of an offense you did not commit. In Penal Code 269 cases, such errors may arise from inaccurate identification by eyewitnesses of the minor and may have confused you with someone who looks like you. You could also be wrongfully identified due to stress during the ordeal or suggestive policing.

Your lawyer could help you provide evidence to prove your innocence, such as CCTV footage or text messages that prove that you are not the perpetrator. You could also present an alibi who can vouch for you.

Your lawyer could also help you challenge the identification process done by the police. For example, if the police showed the witness or victim one photo or pointed towards you when standing in line for identification, it could reduce the credibility of the identification process. This could ultimately weaken the prosecution’s case against you.

Lack of Evidence

A lack of evidence can be used as a defense against Penal Code 269 charges. The prosecution has the burden to prove every element of the crime beyond a reasonable doubt. Your lawyer can argue that the case presented does not meet the standard if critical evidence is missing or unreliable.

Without medical reports, DNA evidence, or credible eyewitnesses, the prosecution's case will weaken. The allegations that you sexually assaulted a minor alone cannot be sufficient to warrant your conviction.

Find a Sex Crimes Defense Attorney Near Me

You need to retain the services of an experienced sex crimes defense attorney if you are facing sex crime charges involving a child. This is because such charges are treated seriously by prosecutors and the state in general. A mere accusation alone can even tarnish your reputation in society. We at the Los Angeles Criminal Attorney understand that sexual assault of a child or related accusations can arise from different situations. You might be falsely accused by your spouse because of revenge or any other reason that an expert defense attorney can help you assert. Please reach out to us at 424-333-0943 for a confidential consultation so that we can review your case and help defend you.